HARICHARAN RAM AND ORS. Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and the State.

(2.) The appellants have been convicted under Section 304 part II of the Penal Code and sentenced to undergo rigorous imprisonment for ten years.

(3.) The prosecution case, as alleged, is that the informant, Ram Naresh Upadhyay on 01.07.1992 at about 07.00 a.m. while his son, Birendra Upadhyay, asked his younger brother, Binod Upadhyay, that the licensed double barrel gun has to be taken to Hajipur for the inspection/evidence of Sub Divisional Officer for it s entry in the record, then Binod Upadhyay proceeded with the gun. When he reached near the house of Birmal Ram and Haricharan Ram, they surrounded him and started snatching the gun, on hulla the covillagers, Jatinder Singh, Baleshwar Singh, Ram Janam Singh and others came to their rescue by then two cartridges had been snatched by the accused persons. Birbal Ram was produced before Bhagwanpur Police Station and Birendra Upadhyay proceeded to Hajipur. It is, further, case that while Birendra Upadyay was returning back from Hajipur to his home reached near the darwaza of Haricharan Ram, at about 03.00 p.m. on his motorcycle, then Haricharan Ram, Ramesh Ram and Shiv Nandan Ram apprehended and surrounded him. Haricharan Ram gave three blows of iron dab on the head and Ramesh Ram and Shiv Nandan Ram, who were armed with hasuli, gave three hasuli blows on the right hand, left shoulder and palm of Birendra Upadhyay. He raised hulla, on which Kari Sah (P.W. 1), Ranjeet Kumar Upadhyay (P.W. 2) and Dhunu Singh (not examined) and others came and protested the assault, but, by that time Birendra Upadhyay got injured and became unconscious. He was taken to emergency ward of Patna Medical College Hospital where he died during the treatment.